Topic: Venezuela

Employees’ rights to holiday in Venezuela

By Yanet Aguiar on July 18, 2014 Posted in Latin America, Venezuela

Venezuelan labor rights may not be waived by the parties, that is, they are rules of public policy and the Labor Law’s provisions must be applied even over the will of the parties. In addition, the principles of favor, non-waivability, intangibility and progressiveness of labor rights are a warranty to prevent a retreat in achieved … Continue reading

Employees’ rights on redundancy in Venezuela

By Yanet Aguiar on June 12, 2014 Posted in Latin America, Venezuela

Employees’ rights on redundancy in Venezuela The general rule under the Venezuelan Labor Law is that, no worker can be dismissed without just cause unless she/he is offered an indemnity for dismissal equal to the amount of her/his seniority benefit and she/he accepts it – Job Stability -. However, since 2002, workers are protected with … Continue reading

Whistleblowing – what protection do employees have in Venezuela?

By Yanet Aguiar on May 15, 2014 Posted in Latin America, Venezuela, Whistleblowing

There is no legal protection for whistleblowers in Venezuela and it is not common in practice. However, many transnational and local companies in Venezuela have policies and code of conducts protecting those who step up and expose Corruption, fraud, mismanagement, breaches of legal obligations. Some of these companies have hot lines through which employees are … Continue reading

The inclusion of profit in the definition of Business. Comparison of the New Labor Law and the abrogated Organic Labor Law

By guestauthor on May 15, 2014 Posted in General, Latin America, Venezuela

This post was -written by Valentina Albarran, Associate, Norton Rose Fulbright (Caracas) The abrogated Organic Labor Law (“OLL”) defined Company and Business as follows: “Article 16: For the purposes of the Labor legislation, a Company is a business unit created for the production of goods or services in order to perform an economic activity and … Continue reading

Possible extension of the Bar against Dismissals

By guestauthor on December 11, 2013 Posted in Latin America, Venezuela

This post was contributed by Valentina Albarrán, Associate, Norton Rose Fulbright Caracas On Christmas time Venezuelans have become accustomed to certain holiday traditions, receiving presents, spending more money that they have, and for the last years Venezuelans have also grown accustomed to the fact that December is the month for the extension of the Special … Continue reading

Interns in Venezuela: Are they duly protected against discrimination?

By Candace Sandoval on November 20, 2013 Posted in Discrimination and harassment, Latin America, Venezuela

In Venezuela, labor and employment anti-discrimination rules do not extend to interns and volunteers unless their contracts explicitly acknowledge equal treatment. The Organic Labor Law (the “LOTTT”) provides protection for any individual under an employment relationship. Therefore the issue here is to determine who is an employee and who is not. The LOTTT states that … Continue reading

Childcare obligations – what are an employer’s obligations?

By Yanet Aguiar on November 18, 2013 Posted in Latin America, Venezuela

Employers with more than 20 workers are required to provide a day-care center, where such workers whose salary is less than five minimum salaries can leave their children aged between three months and six years during the work day. To comply with this requirement, employers may choose between several options provided in the corresponding legislation. … Continue reading

Minimum salary increase in Venezuela

By Yanet Aguiar and Candace Sandoval on October 24, 2013 Posted in Latin America, Venezuela

On October 18, the President of the Republic published Decree Nº 503 (the Decree), establishing an increase of 10% in the minimum salary for public and private sector workers from November 1, 2013, using the 2013 National Consumer Price Index (INPC) as a reference. Below you will find our comments on the most relevant aspects … Continue reading

How are Holidays and Rest Days paid in Venezuela?

By Yanet Aguiar on October 18, 2013 Posted in Latin America, Venezuela

Under Venezuelan labour legislation, holidays and rest days are paid as follows: 1. Holidays The following days and dates are holidays for the purposes of the Labor Law (Article 184): Sundays, January 1, Monday and Tuesday of Carnival, Maundy Thursday and Good Friday, May 1st, December 24th, 25th, 30th and 31st; The days listed in the … Continue reading

Venezuela’s minimum wage increase to be implemented by employers

By Candace Sandoval on September 9, 2013 Posted in Latin America, Venezuela

Venezuela’s minimum salary for the day shift is Bs. 2,702.73 as of September 1, 2013, which represents the 10% increase established in Article 1 b) of the Minimum Wage Decree Nº 30 (Decree). This Decree came into effect on April 30, 2013 and its general implications were commented by Juan Carlos Pró-Rísquez, Esther Cecilia ”Kelly” … Continue reading

Worker´s Councils and the new forms of Venezuelan Employment

By guestauthor on August 14, 2013 Posted in Latin America, Venezuela

This post was contributed by Valentina Albarrán, Associate, Norton Rose Fulbright Caracas A few months after the 1st year anniversary of the Venezuelan New Labor Law the legislative body has proven itself to be a modern take on the Pandora´s Box myth. Of the many controversial aspects of the law, there is still one that … Continue reading

Venezuela Work-Schedule Regime: Comply or get sanctioned

By Candace Sandoval on August 14, 2013 Posted in Latin America, Venezuela

As new wage and hour or work-schedule regulations have been recently brought fully into effect, employers face risks of being sanctioned in case the Ministry of Labour and Social Security finds that such rules have been breached. In fact, the duration of the ordinary work period as of May 7, 2013 may not exceed 40 … Continue reading

Wrongful Dismissal in Venezuela

By Yanet Aguiar on July 15, 2013 Posted in Latin America, Venezuela

One thing is very clear under Venezuela legislation, it is almost impossible to dismiss a worker. A. Job Stability Theoretically, the Labour Law allows employers to terminate workers with or without cause. Employers are able to terminate workers with cause based on the grounds listed in Article 79 of the Labour Law. Employers have a … Continue reading

Restricted covenants under Venezuelan labor legislation

By Yanet Aguiar on June 7, 2013 Posted in Latin America, Venezuela

Under Article 20 of the Regulations to the abrogated Organic Labor Law (which is still in force as long as its rules do not contravene the New Labor Law), the enforcement of non-compete provisions is limited. Such Article expressly provides that during the employment relationship, the employee shall refrain from carrying out negotiations on her/his own … Continue reading

New feature – a common theme across the regions

By Geneviève Lay (CA) on June 2, 2013 Posted in Australia, Canada, Colombia, Europe, France, Germany, Latin America, North America, Québec, South Africa, UK, Venezuela

We are happy to announce a new feature to this blog: every month, all participating regions will post on a common theme. We hope that this feature will give our readers a quick glance into the differences and commonalities that exist between each of the various jurisdictions on a relevant employment and labour law … Continue reading

Is it impossible to dismiss an Employee in Venezuela?

By Yanet Aguiar on April 17, 2013 Posted in Latin America, Venezuela

It is almost impossible to dismiss an employee in Venezuela. First of all, because the New Labor Law provides that, except for top management employees, employers cannot dismiss workers unilaterally (job stability), even those who are not protected by the bar against dismissals. Second, the Government extended the Special Bar against Dismissals again. Finally, the … Continue reading

Is Outsourcing prohibited under Venezuelan Labour Legislation?

By Yanet Aguiar on April 12, 2013 Posted in Latin America, Venezuela

Yes, Outsourcing is prohibited under Venezuelan New Labour Law as long as the contracting of third parties are made to simulate or defraud with the purpose of avoiding the application of the labor legislation. 1. Definition of Outsourcing under the New Labour Law. Outsourcing is understood to be the simulation or fraud committed by employers … Continue reading